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Legal Education, State Bar & Bar Associations

Advocates characterize diploma privilege as a reasonable defense of students who navigate strained finances, immigration strug...


The appointment of a guardian ad litem in civil litigation is usually done under the radar and therefore avoids public scrutin...



Civil Litigation, Judges and Judiciary

I hear the clamor at the courthouse doors: “I need this pandemic thing to end, at least in so far as it interferes with my lit...


Civil Rights, Law Practice, Military Law

Veteran service organizations fight for and support veterans as new concerns arise, including veterans’ issues resulting from ...



Nearly 1,400 signatories have signed onto a letter to the Supreme Court of California, respectfully requesting an order granti...


Judges and Judiciary

Needing a haircut

Apr. 14, 2020

Reflections on lockdown.



Six days after Gov. Newsom declared a state of emergency, the LA Alliance for Human Rights, a coalition of business interests ...


Correctional health experts have made clear that flattening the curve also requires significantly depopulating prisons, jails,...



Law Practice

House arrest

Apr. 6, 2020

Now I know what it’s like. I am under house arrest. Yes, I know I am not the only one. But I have a probation officer. Her nam...


Judges and Judiciary, Law Practice

This past weekend, California Chief Justice Tani G. Cantil-Sakauye, with the approval of the Judicial Council, took several ex...



“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...


Alternative Dispute Resolution

A Chinese proverb says, “Be not afraid of growing slowly, be afraid only of standing still.” With the abrupt shut down of all ...



Constitutional Law, Criminal, Judges and Judiciary

Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.


Government, Military Law

For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...



Civil Rights, Constitutional Law, Law Practice

Batson’s prohibition is easy to articulate, but significantly harder to enforce.


Constitutional Law, Government

Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...



Criminal, Health Care & Hospital Law

Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...


Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...



The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...


Labor/Employment

The coronavirus outbreak has caused concern for companies worldwide as they navigate and plan for its impact on their business...



The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.


Military Law, Health Care & Hospital Law

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.



Labor/Employment, Government

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...


Constitutional Law, U.S. Supreme Court

When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...



Judges and Judiciary, Law Practice

Algorithms might persuade, but only humans can be persuaded.


Labor/Employment

The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...



Immigration, Constitutional Law, U.S. Supreme Court

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...


Alternative Dispute Resolution, Civil Litigation, Labor/Employment

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...



California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...


Constitutional Law, Criminal

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...